The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1887-06-27

c. A w dsmann. sworn. testi6.d :,
the quletness Of the party on /, avn,
the house, and gave 81 uilar accoun
TO that Of the oth,r guests regarding
.ne c'nduct Of the Ulcers; he toic
Olas to keep quiet, b did MT strik,
any ne; saw Dos tnr " his coat or
the ground, aud MS morse z d ,wn tn,
street
REBUrTAL.
ID vd Nahoolewa, sworn.
Mr.. Hatch asked what it was pro
pos, d to rebut.
Marshal Kauukou stated that the
prosecution had asked Dowsett regard
ing alley. d threats made by hin,
'gdlnst RlblnsOn on the occasion al
inst defendants previous arrest
Mr. Hatch opposed the production
OF rebuttdl ON the ground presented by
the Prosecution, as the matter in cues.
ZION had not been gone into by that
side with sufficient fitness to be prone,
found ton for rebuttal.
The Court considered that Dowsett's
denial Of the threat formed a good pre-.
text for rebuttal.
Messrs. Hatch and Whiting contend.
ed the words Of the alleged threat were
not put to the defendant
The Court quoted its record to show
that the words in effect Of the threat
we're denied by defendant.
Mr.. Hatch asked for the ruling Of
The Court whether the prosecution was
to be allowed to go over its own ground
again.
The Court ruled that the question
could be asked as to whether the al
legged words we're used.
Wltness-I remember Dowsett at
the Station on former occasion; he
said to Robinson, "I'll catch you again
and fix you"
J. M. Dowselt went on the stand and
made the following statement want
70 explain that on the occasion referred
TO in evidence, when the Attorney
General and were at the Station, we
we're not arrested; we would not have
been there at all if Rosa had not order
ed the policemen to come to the Sta
toni now want to state what | did
say on that occasion; | said, "If we
nad known who you were, you
might have got licking"
The Marshal asked the Court to
discard the statement just made, as il
was an extension Of testimony and not
a contradiction.
At 4:3o the Court took recess for
ten minutes.
Mr.. Hatch, on the Court resuming,
asked the Marshal to state what part.
cular duty the officers al eyed to be
assaulted were instructed to perform.
Marshal KauIukou replied that il
was for the defense to establish, il they
could, that the defendants did not as.
'ault officers in the discharge of duty
Mr.. Hatch said they were not there
20 handy words; the defense was en-.
tel to an opening, and his object was
20 save time in argument.
Marshal Kaulukof repeated in effect
us former observation, adding that
was for the counsel 10 show the Court
~ the evidence whether there was OBJ
,Iruction to officers IN the discharge Of
iuty, or assault on officers simply, or
Common assault.
The Court asked the prosecution to
state the statute on which they relied.
Marshal Kaulukou gave Chapter IS,
laws OF 1884, as the statute.
CLOSING SPEECHES.
Mr. Hatch said he thought this
matter had been given an imp irtance
that The facts did not justify. So far
as the people were concerned, or any
breach Of the peace, there was very
little to it. But as regarded the spirit
IN which the Marshal had taken 1t
up, il had become rather serious. As
an interference with the police or an
ARRAY it was Very triding matter 1t
was natural that the Marshal should
have a high regard for his force, and
that His Honor from his long connec-
ton with the force should likewise have
such, and he, the speaker, had high
regard for it. Those were young men
who had not arrived at full maturity Of
discretion, but that did not explain the
conduct OF the prosecuting officer
throughout this case. Defendants had
a right to have explained what parti-
cular oifense they were charged with,
but the prosecuting officer had COM
PEELED counsel to wander through all
that evidence to find out what was the
ohIense with which they we're charged.
What were defendants charged WITH
1t was not ARRAY, for that could not be
found in the evidence. He supposed
what was attempted to be proved was
that the officers were assaulted TO pre-
vent the discharge of their duty.
Orders had been testified to sending
Das and Robinson 10 the Portuguese
settlement to prevent some disturbance
there. They started to go there and
continued till they came to where these
gentlemen were coming out of Mr.